司法过程中的法官自由裁量权体现了司法能动性。由于立法的缺陷以及法律本身所固有的滞后性、局限性等诸多弊端,法官自由裁量权的存在已是不争的事实。然而,在司法实践中,法官自由裁量权并没有得到有效地行使及合理地运用,其运行始终处于一种无序状态,致使司法公正与法律权威受到严重损害,法官自由裁量权必须得到有效合理地制约。 Judicial discretion in the judicial process reflects the judicial initiative. Due to the defects of the legislation and the inherent lag and limitation of the law itself, the existence of the judge’s discretion is an indisputable fact. However, in judicial practice, judges ’discretion has not been exercised effectively and rationally. Its operation has always been in a state of disorder. As a result, the judicial impartiality and legal authority have been severely impaired, and judges’ discretion must be effectively and reasonably justified Restricted.